73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 916
House Bill 2016
Sponsored by Representatives BERGER, MINNIS; Representatives
BOONE, THATCHER, TOMEI, WHISNANT (at the request of Mary
Gallegos)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Creates crime of subjecting another to involuntary servitude in
first degree. Punishes by maximum of 20 years' imprisonment,
$375,000 fine, or both.
Creates crime of subjecting another to involuntary servitude in
second degree. Punishes by maximum of 10 years' imprisonment,
$250,000 fine, or both.
Creates crime of subjecting another to involuntary servitude in
third degree. Punishes by maximum of 5 years' imprisonment,
$125,000 fine, or both.
Creates crime of sexual servitude of minor in first degree.
Punishes by maximum of 25 years' imprisonment, $375,000 fine, or
both.
Creates crime of sexual servitude of minor in second degree.
Punishes by maximum of 20 years' imprisonment, $375,000 fine, or
both.
Creates crime of trafficking in persons. Punishes by maximum of
20 years' imprisonment, $375,000 fine, or both.
Allows for additional term of imprisonment for certain crimes
under specified circumstance.
Expands definition of 'pecuniary damages' for purposes of
restitution for certain crimes.
A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
137.103 and 161.005.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in this section and sections 2 to 7 of
this 2005 Act:
(1) 'Commercial sexual activity' means any sex act on account
of which something of value is given or promised to, or received
by, a person.
(2) 'Labor' means work of economic or financial value.
(3) 'Obtain' means to secure the performance of labor or
services.
(4) 'Services' means an ongoing relationship between two
persons in which one person performs activities under the
supervision or for the benefit of the other person. Commercial
sexual activity and sexually explicit performances are services.
(5) 'Sexually explicit performance' means a live or public act
or show intended to arouse or satisfy the sexual desires or
appeal to the prurient interest in sex of persons watching the
performance. + }
SECTION 2. { + (1) A person commits the crime of subjecting
another to involuntary servitude in the first degree if the
person knowingly and without lawful authority forces or attempts
to force another person to perform labor or engage in services
by:
(a) Causing or threatening to cause serious physical injury to
a person; or
(b) Physically restraining or threatening to physically
restrain a person.
(2) Subjecting another to involuntary servitude in the first
degree is a Class A felony. + }
SECTION 3. { + (1) A person commits the crime of subjecting
another to involuntary servitude in the second degree if the
person knowingly forces or attempts to force another person to
perform labor or engage in services by abusing or threatening to
abuse the law or legal process.
(2) Subjecting another to involuntary servitude in the second
degree is a Class B felony. + }
SECTION 4. { + (1) A person commits the crime of subjecting
another to involuntary servitude in the third degree if the
person knowingly and without lawful authority forces or attempts
to force another person to perform labor or engage in services
by:
(a) Destroying, concealing, removing, confiscating or
possessing an actual or purported passport or immigration
document or another actual or purported government identification
document of another person;
(b) Engaging in coercion as defined in ORS 163.275 or theft by
extortion as defined in ORS 164.075; or
(c) Engaging in acts prohibited by ORS 41.580 or 82.010.
(2) Subjecting another to involuntary servitude in the third
degree is a Class C felony. + }
SECTION 5. { + (1) A person commits the crime of sexual
servitude of a minor in the second degree if the person:
(a) Knowingly recruits, entices, harbors, transports, provides
or obtains by any means, or attempts to recruit, entice, harbor,
transport, provide or obtain by any means, a minor knowing that
the minor will engage in commercial sexual activity, a sexually
explicit performance or the production of pornography; or
(b) Knowingly causes or attempts to cause a minor to engage in
commercial sexual activity, a sexually explicit performance or
the production of pornography.
(2) Sexual servitude of a minor is a Class A felony.
(3) As used in this section:
(a) 'Minor' means a person under 18 years of age.
(b) 'Pornography' means a visual depiction of sexually explicit
conduct involving a minor, possession of which is prohibited
under ORS 163.670 to 163.696. + }
SECTION 6. { + (1) A person commits the crime of sexual
servitude of a minor in the first degree if the person violates
section 5 of this 2005 Act by use of force or threat.
(2) Sexual servitude of a minor is a felony punishable by a
maximum term of imprisonment of 25 years and a maximum fine of
$375,000. + }
SECTION 7. { + (1) A person commits the crime of trafficking
in persons if the person knowingly:
(a) Recruits, entices, harbors, transports, provides or obtains
by any means or attempts to recruit, entice, harbor, transport,
provide or obtain by any means another person knowing that the
other person will be subjected to involuntary servitude as
described in section 2, 3 or 4 of this 2005 Act; or
(b) Benefits financially or receives something of value from
participation in a venture that involves an act prohibited by
section 2, 3, 4, 5 or 6 of this 2005 Act.
(2) Trafficking in persons is a Class A felony. + }
SECTION 8. { + (1) When a person is convicted of committing a
crime defined in sections 2 to 7 of this 2005 Act, the court, in
addition to any other sentence of imprisonment it may impose and
notwithstanding ORS 161.605, may impose an additional term of
imprisonment of up to ___ years if the jury, or the court if the
defendant waives a jury, finds beyond a reasonable doubt that the
victim suffered serious physical injury as a result of the crime.
(2) In determining the length of a sentence within the maximum
allowed upon conviction of a crime defined in sections 2 to 7 of
this 2005 Act, the court shall consider the time in which the
victim was held in servitude and the number of victims of the
defendant's acts. + }
SECTION 9. ORS 137.103 is amended to read:
137.103. As used in ORS 137.101 to 137.109, 137.540, 161.675
and 161.685:
(1) 'Criminal activities' means any offense with respect to
which the defendant is convicted or any other criminal conduct
admitted by the defendant.
(2) 'Pecuniary damages' means { + :
(a) + } All special damages, but not general damages, which a
person could recover against the defendant in a civil action
arising out of the facts or events constituting the defendant's
criminal activities and shall include, but not be limited to, the
money equivalent of property taken, destroyed, broken or
otherwise harmed, and losses such as medical expenses and costs
of psychological treatment or counseling { + ; and
(b) In cases involving criminal activities described in
sections 2 to 7 of this 2005 Act, the greater of:
(A) The gross income or value to the defendant of the victim's
labor or services; or
(B) The value of the victim's labor or services computed using
the Oregon minimum wage and the overtime provisions of the Fair
Labor Standards Act of 1938 + }.
(3) 'Restitution' means full, partial or nominal payment of
pecuniary damages to a victim. Restitution is independent of and
may be awarded in addition to a compensatory fine awarded under
ORS 137.101.
(4) 'Victim' means any person whom the court determines has
suffered pecuniary damages as a result of the defendant's
criminal activities { + . + } { - ; - } 'Victim'
{ - shall - } { + does + } not include any coparticipant in
the defendant's criminal activities.
SECTION 10. { + (1) No later than January 1, 2007, the
Attorney General shall submit a report to the Seventy-third
Legislative Assembly outlining how existing:
(a) Laws relating to crime victims' compensation, services and
rights respond to the needs of victims of crimes defined in
sections 2 to 7 of this 2005 Act; and
(b) Social service programs respond or fail to respond to the
needs of victims of crimes defined in sections 2 to 7 of this
2005 Act and the interplay between state social service programs
and federally funded victim service programs.
(2) The Attorney General shall include in the report required
by subsection (1) of this section recommendations for improvement
and modification of the laws and programs. + }
SECTION 11. ORS 161.005 is amended to read:
161.005. ORS 161.005 to 161.055, 161.085 to 161.125, 161.150 to
161.175, 161.190 to 161.275, 161.290 to 161.370, 161.405 to
161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685, 161.705
to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115,
162.135 to 162.205, 162.225 to 162.375, 162.405 to 162.425,
162.465, 163.005, 163.115, 163.125 to 163.145, 163.160 to
163.208, 163.215 to 163.257, 163.275, 163.285, 163.305 to
163.467, 163.505 to 163.575, 163.665 to 163.696, 164.005, 164.015
to 164.135, 164.140, 164.205 to 164.270, 164.305 to 164.377,
164.395 to 164.415, 164.805, 164.877, 165.002 to 165.109,
165.805, 166.005 to 166.095, 166.350, 166.382, 166.384, 166.660,
167.002 to 167.027, 167.060 to 167.100, 167.117, 167.122 to
167.162, 167.203 to 167.252, 167.310 to 167.340 and 167.350,
167.810 and 167.820 { + and sections 1 to 8 of this 2005
Act + }, shall be known and may be cited as Oregon Criminal Code
of 1971.
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